疑难案件裁决中的法律原则

Legal Principles in the Judgment of Difficult Cases

当前中国正处于社会转型时期,传统的生活模式逐渐被新型行业的产生所打破,新技术的层出不穷引发社会新需求,由此给司法机关带来了诸多"疑难"问题。同时,规则的滞后性导致其无法精确地预设所有可能发生的权利义务关系,如何在裁判中有效应对疑难案件成为近年来困扰法官的一个难题。法律原则作为早已被立法机关承认和确立的弹性法律要素,无疑可以为疑难案件的解决打开一扇窗户,成为法官妥善思考和解决疑难问题的一把利器。

At present, China is in a period of social transformation. The traditional mode of life is gradually being broken by the emergence of new industries, and new technologies trigger new social demands, all of which have brought ＂difficult＂ problems to the judiciary. At the same time, the lag of legal rules makes it impossible to accurately formulate all possible rights and obligations in advance. Thus, how to deal with difficult cases in judgments has become a problem that plagues judges in recent years. As a flexible element that has long been recognized and established by the legislature, the legal principle can be a weapon for judges to properly think about and solve difficult problems.